Berliner Boersenzeitung - Uganda court throws out challenge to harsh anti-gay law

EUR -
AED 4.099809
AFN 72.553589
ALL 90.353827
AMD 402.315278
ANG 1.997773
AOA 1024.678639
ARS 1725.279987
AUD 1.626075
AWG 2.009175
AZN 1.90106
BAM 1.946164
BBD 2.248268
BDT 139.173997
BGN 1.950943
BHD 0.420978
BIF 3359.786362
BMD 1.116208
BND 1.427066
BOB 13.238627
BRL 6.235257
BSD 1.116298
BTN 104.906963
BWP 15.314377
BYN 3.342325
BYR 21877.678637
BZD 2.245034
CAD 1.583922
CDF 2584.022076
CHF 0.921429
CLF 0.02791
CLP 1098.449375
CNY 7.445498
CNH 7.453385
COP 3691.143897
CRC 504.91124
CUC 1.116208
CUP 26.790348
CVE 110.755734
CZK 24.346618
DJF 198.372112
DKK 7.475407
DOP 67.775229
DZD 152.376104
EGP 59.51856
ERN 16.743121
ETB 181.685426
FJD 2.523133
FKP 0.831748
GBP 0.83659
GEL 2.891137
GGP 0.831748
GHS 13.070484
GIP 0.831748
GMD 82.599835
GNF 9895.184976
GTQ 8.529841
GYD 233.901835
HKD 8.756965
HNL 30.005428
HRK 7.555624
HTG 146.318779
HUF 364.37831
IDR 20177.69371
ILS 3.552835
IMP 0.831748
INR 104.600963
IQD 1692.236051
IRR 2127576.342113
ISK 136.623451
JEP 0.831748
JMD 177.166727
JOD 0.791414
JPY 177.252707
KES 144.996187
KGS 97.612181
KHR 4554.129257
KMF 490.01522
KPW 1004.587241
KRW 1499.123185
KWD 0.347219
KYD 0.930207
KZT 498.369022
LAK 25125.926583
LBP 99960.545191
LKR 370.981394
LRD 189.75448
LSL 18.30025
LTL 3.295872
LVL 0.675183
LYD 7.155633
MAD 10.889075
MDL 20.058948
MGA 5064.988765
MKD 61.531389
MMK 2343.698252
MNT 4019.967714
MOP 9.01908
MRU 45.039279
MUR 52.372472
MVR 17.200606
MWK 1935.641679
MXN 20.792504
MYR 4.526222
MZN 71.337049
NAD 18.300087
NGN 1504.770995
NIO 41.077525
NOK 10.613019
NPR 167.852637
NZD 1.992482
OMR 0.429182
PAB 1.116288
PEN 3.804348
PGK 5.013311
PHP 70.522583
PKR 308.724149
PLN 4.396091
PYG 6891.033377
QAR 4.069088
RON 5.343511
RSD 117.59587
RUB 92.840226
RWF 1651.544568
SAR 4.197407
SBD 9.03827
SCR 15.657695
SDG 671.39831
SEK 11.025898
SGD 1.431045
SHP 0.830543
SLE 25.617128
SLL 23406.33053
SOS 637.94692
SRD 41.909123
STD 23103.253925
STN 24.379829
SVC 9.767853
SYP 14512.937283
SZL 18.305524
THB 37.543645
TJS 10.258223
TMT 3.91789
TND 3.326827
TOP 2.687561
TRY 56.069925
TTD 7.570683
TWD 36.83118
TZS 2950.338985
UAH 50.772166
UGX 4554.44864
USD 1.116208
UYU 45.166761
UZS 13366.93336
VES 1001.439856
VND 28574.9272
VUV 133.946208
WST 3.103174
XAF 655.957
XAG 0.021666
XAU 0.000276912872
XCD 3.016608
XCG 2.011766
XDR 0.789217
XOF 655.957
XPF 119.331742
YER 263.985148
ZAR 18.456834
ZMK 10047.217754
ZMW 22.743386
ZWL 359.418551
SSP 6413.524713
MXV 2.336848
  • CMSD

    -0.1200

    19.81

    -0.61%

  • JRI

    0.0000

    10.77

    0%

  • BCC

    -1.8200

    74.15

    -2.45%

  • CMSC

    -0.2228

    19.53

    -1.14%

  • BCE

    0.2000

    20.34

    +0.98%

  • RIO

    0.0100

    94.17

    +0.01%

  • AZN

    -2.7400

    161.47

    -1.7%

  • GSK

    -1.1800

    48.17

    -2.45%

  • RBGPF

    0.0000

    65

    0%

  • NGG

    0.8800

    75.82

    +1.16%

  • RYCEF

    -0.7300

    19.08

    -3.83%

  • BTI

    -0.4500

    54.4

    -0.83%

  • BP

    0.4700

    43.99

    +1.07%

  • RELX

    -0.0600

    33.18

    -0.18%

  • VOD

    -0.1800

    16.15

    -1.11%

Uganda court throws out challenge to harsh anti-gay law
Uganda court throws out challenge to harsh anti-gay law / Photo: Badru KATUMBA - AFP

Uganda court throws out challenge to harsh anti-gay law

Uganda's Constitutional Court on Wednesday rejected a bid to scrap a controversial anti-gay law that is considered one of the toughest in the world.

Text size:

The legislation was adopted in May last year, triggering outrage among the LGBTQ community, rights campaigners, the United Nations and Western powers.

It imposes penalties of up to life in prison for consensual same-sex relations and contains provisions that make "aggravated homosexuality" an offence punishable by death.

"We decline to nullify the Anti-Homosexuality Act 2023 in its entirety, neither will we grant a permanent injunction against its enforcement," Richard Buteera, Uganda's deputy chief justice and head of the court, said in the landmark ruling.

The decision was greeted with dismay by opponents of the law, although the five-judge bench did strike out several provisions it said were inconsistent with international rights conventions.

These included provisions making it an offence to fail to report homosexual acts, to lease premises for such acts, or if someone engaging in homosexual sex led the other to contract a terminal illness.

But "the upshot of our judgement is that this petition substantially fails", Buteera said.

At the United Nations in Geneva, Human Rights Commissioner Volker Turk again urged Kampala to repeal the law "in its entirety, together with other discriminatory legislation".

"Criminalization of and application of the death penalty to consensual same-sex relations are contrary to Uganda’s international human rights treaty obligations,” Turk noted.

The ruling comes amid an anti-gay crackdown by governments in East Africa, which has a history of repression and stigmas against gay people, often encouraged by conservative Muslims and Christians.

- 'Public bigotry' -

Nicholas Opiyo, the lawyer representing the petitioners, said they disagreed with the ruling, but will study it fully before deciding on the next steps.

"You come to court expecting it to rise above public bigotry and sentiments. To that extent, it is a letdown," he posted on X.

The petition was brought by two law professors, legislators from the ruling party and human rights activists.

They had charged that the legislation violated fundamental rights guaranteed by Uganda's constitution, including freedom from discrimination and the right to privacy.

The petitioners also said it contravened Uganda's commitments under international human rights law, including the United Nations convention against torture.

MP Fox Odoi-Oywelowo, a member of President Yoweri Museveni's National Resistance Movement who spoke out against the law, told AFP the decision "was expected".

"But the law is a bad one for the country and should have been struck down long ago."

Oryem Nyeko, researcher at Human Rights Watch, said the decision was "disappointing and a missed opportunity in regard to safeguarding fundamental human rights".

- 'Negative foreign influence' -

But Uganda's parliament speaker Anita Among hailed the ruling. "This is a big achievement for Uganda," she told AFP.

"The ruling proves that all arms of government, the parliament, the executive and the judiciary have one common goal of protecting Uganda against negative foreign influence."

Museveni's government has struck a defiant tone, with officials accusing the West of trying to pressure Africa into accepting homosexuality.

And the measures have enjoyed broad support in the conservative, predominantly Christian country.

Last August, a 20-year-old man became the first Ugandan to be charged with "aggravated homosexuality" under the contested law.

The United States, which threatened to cut aid and investment to Kampala, imposed visa bans on unnamed officials in December for abusing human rights, including those of the LGBTQ community.

The World Bank announced in August it was suspending new loans to Uganda over the law, which "fundamentally contradicts" the values espoused by the US-based lender.

In December, Ugandan state minister for foreign affairs Henry Okello Oryem accused the West of seeking "to coerce us into accepting same-sex relationships using aid and loans".

In 2014, international donors had slashed aid to Uganda after Museveni approved a bill that sought to impose life imprisonment for homosexual relations, which was later overturned.

 

The Court of Appeal said any registration of the group Sexual Minorities Uganda (SMUG) was against the public interest and national policy.

(Y.Berger--BBZ)